Maximum freedom could lose in court decision

Published 4:55 pm, Tuesday, April 2, 2013

I don't think we've paused sufficiently to celebrate the wonderful recent defeat for the cause of personal freedom. After all, these sorts of defeats don't happen every day.

Over the past 40 years, personal freedom has been on a nearly uninterrupted winning streak. In the 1960s, we saw a great expansion of social and lifestyle freedom. In the 1980s, we saw a great expansion of economic freedom. Since then, we've had everything from jeans commercials to rock anthems to political conventions celebrating freedom as the highest ideal.

People are much more at liberty these days to follow their desires, unhampered by social convention, religious and ethnic traditions and legal restraints.

The big thinkers down through the ages warned us this was going to have downsides. Alexis de Tocqueville and Emile Durkheim thought that if people are left perfectly free to pursue their individual desires, they will discover their desires are unlimited and unquenchable. They'll turn inward and become self-absorbed. Society will become atomized. You'll end up with more loneliness and less community.

Other big thinkers believed that if people are left perfectly free to follow their desires, their baser ones will end up dominating their nobler ones. For these writers, the goal in life is not primarily to be free but to be good. Being virtuous often means thwarting your inclinations, obeying a power outside yourself. It means maintaining a balance between liberty and restraint, restricting freedom for the sake of an ordered existence. As Edmund Burke put it:

"Men are qualified for civil liberty in exact proportion to their disposition to put moral chains upon their own appetites. ... Society cannot exist unless a controlling power upon will and appetite be placed somewhere, and the less of it there is within, the more there must be without. It is ordained in the eternal constitution of things that men of intemperate minds cannot be free. Their passions forge their fetters."

Recently, the balance between freedom and restraint has been thrown out of whack. People no longer even have a language to explain why freedom should sometimes be limited. The results are as predicted. A decaying social fabric, especially among the less fortunate. A decline in marriage. More children raised in unsteady homes. Higher debt levels as people spend to satisfy their cravings.

But last week saw a setback for the forces of maximum freedom. A representative of millions of gays and lesbians went to the Supreme Court and asked the court to help put limits on their own freedom of choice. They asked for marriage.

Marriage is one of those institutions — along with religion and military service — that restricts freedom. Marriage is about making a commitment that binds you for decades to come. It narrows your options on how you will spend your time, money and attention.

Whether they understood it, the gays and lesbians represented at the court committed themselves to a certain agenda. They committed themselves to an institution that involves surrendering autonomy. They committed themselves to the idea that these self-restrictions should be reinforced by the state. They committed themselves to the idea that lifestyle choices are not just private affairs but work better when they are embedded in law.

And far from being baffled by this attempt to use state power to restrict individual choice, most Americans seem to be applauding it. Once, gay culture was erroneously associated with bathhouses and nightclubs. Now, the gay and lesbian rights movement is associated with marriage and military service. Once the movement was associated with self-sacrifice, it was bound to become popular.

Americans may no longer have a vocabulary to explain why freedom should sometimes be constricted, but they like it when they see people trying to do it. Once Americans acknowledged gay people exist, then, of course, they wanted them enmeshed in webs of obligation.

I suspect that this shift in public acceptance will be permanent, unless it turns out that marriages are more unstable when two people of the same gender are involved.

And, who knows, maybe we'll see other spheres in life where restraints are placed on maximum personal choice. Maybe there will be sumptuary codes that will make lavish spending and CEO salaries unseemly. Maybe there will be social codes so that people understand that the act of creating a child includes a lifetime commitment to give him or her an organized home. Maybe voters will restrain their appetite for their grandchildren's money. Maybe more straight people will marry.

The proponents of same-sex marriage used the language of equality and rights in promoting their cause, because that is the language we have floating around. But, if it wins, same-sex marriage will be a victory for the good life, which is about living in a society that induces you to narrow your choices and embrace your obligations.